Betty Dain Creations, LLC
Colortrak Sweepstakes Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. Void where prohibited. ENTRY REQUIRES INTERNET ACCESS.
This Colortrak Sweepstakes Giveaway (the "Giveaway") is sponsored by Betty Dain Creations, LLC ("Betty Dain" or "Sponsor"), and open to U.S. legal residents residing and located in the fifty (50) United States or D.C., who are aged 18 years or older.
READ THESE OFFICIAL RULES CAREFULLY. These Official Rules contain a waiver of certain rights. By entering this Giveaway, you agree that disputes between you and Sponsor shall be resolved exclusively in Miami-Dade County, Florida, and you irrevocably waive your rights to a trial by jury and to participate in a class action lawsuit or other class-wide method of dispute resolution.
PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING. WINNING A PRIZE IS CONTINGENT UPON COMPLYING WITH THE OFFICIAL RULES AND FULFILLING ALL CONDITIONS TO WIN, WHICH ARE FULLY DESCRIBED HEREIN.
Entry Period: Giveaway entry period begins on April 15, 2023, at 6:00:00 AM Central Time ("CT") and ends on April 17, 2023 at 11:59:59 PM CT (the "Entry Period"). The Sponsor's clock shall be the official timekeeper for this Giveaway.
How to Enter: During the Entry Period, you may enter the Giveaway by one of two ways:
- Go to www.colortrak.com (the "Giveaway Page") and follow all directions thereon to submit your entry. The Giveaway Page will provide a form with certain required fields that must all be entered, which include first and last name, phone number, email address, and zip code, and an acknowledgment that you have read, understand, and agree to these Official Rules; or
- To enter without accessing the Giveaway Page, send an email to firstname.lastname@example.org with the subject line: Colortrak Giveaway Entry, and include in the body of the email the following information: your first and last name, phone number, email address, and zip code, as well as a statement that you have read, understand, and agree to the Colortrak Giveaway Official Rules. By emailing your entry, you acknowledge and agree to these Official Rules.
All entries must be received during the Entry Period. Any entry received outside the Entry Period will be void. Receipt of entries will not be acknowledged or returned. All entries become the sole and exclusive property of the Sponsor.
Limit one (1) entry per person regardless of method of entry. Duplicate entries by the same person will be void. All entrants must have a valid email address. No automatic, programmed, robotic, or similar means of entry are permitted.
Only fully completed entry forms are eligible. Sponsor is not responsible for: (i) technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind; (ii) lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause); (iii) lost, late, illegible, stolen, invalid, unintelligible, misdirected, failed, incomplete, technically corrupt or garbled entry, which will be disqualified; (iv) jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes; (v) any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Sweepstakes; (vi) or for problems of any other kind whether mechanical, human, or electronic. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
Eligibility: Participation open only to legal residents of, and who are located in, the fifty (50) United States and the District of Columbia who are at least 18 years old and have reached the age of majority in their state of residence by the date they enter the Giveaway and have provided a valid email address. Any entries originating from any other jurisdiction are not eligible and void. By entering, you agree to receive marketing communications from Sponsor. Entrants can opt out of receiving such marketing messages at any time by clicking the link at the bottom of any marketing email or SMS message. Void outside of the 50 United States and the District of Columbia and where prohibited, taxed or restricted by law. Employees, officers, and directors of Sponsor, in addition to their respective immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Giveaway if you are not located within the 50 United States and the District of Columbia. All federal, state, and local laws and regulations apply.
Prizes: One (1) winner will receive a package of miscellaneous Colortrak products totaling an approximate retail value ("ARV") of $1,000.00. The specific products chosen shall be at the discretion of Sponsor.
Prizes are not redeemable for cash and are non-transferable. No substitutions. Sponsor is not obligated to replace any lost, mutilated, destroyed, or stolen Prizes, and is not responsible if shipment of the Prizes is delayed, postponed, or cancelled for any reason. Any taxes and unspecified expenses are the responsibility of winner(s). Only one person will win. Delivery of prizes requires a street address (no P.O. Boxes).
Winner Selection/Odds: Potential winner(s) will be selected on or about 4/17 Midnight in a random drawing from all eligible entries received during the Entry Period. Odds of winning depend on the number of eligible entries received. Drawing will be conducted by Sponsor. By entering the Giveaway, entrants fully and unconditionally agree to be bound by these Official Rules, which will be final and binding in all matters relating to the Sponsor. A purchase does not increase odds of winning.
Notification: Potential winner(s) will be notified by email and/or phone call on or around 4/18/2023. Potential winner(s) will be required to respond to Sponsor within three (3) calendar days of notification. Potential winner(s) may be required to complete and return, where lawful, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document and/or a W-9. If potential winner(s) are deemed to be ineligible in accordance with these Official Rules, if potential winner(s) cannot be contacted whether due to their settings on their email account or otherwise, if potential winner(s) do not respond to Sponsor within three (3) calendar days of Sponsor's first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner(s) rejects his/her prize, or in the event of noncompliance with these Giveaway rules and requirements, such prize will be forfeited and an alternate winner(s) will be selected from all remaining entries. Sponsor shall have no further obligation to select a winner after making two (2) alternate attempts at drawing a winner. Upon prize forfeiture, no compensation will be given.
Conditions: ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER(S). Participation in this Giveaway and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Giveaway or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner(s) agree to release and hold harmless Sponsor from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Giveaway or possession, acceptance and/or use or misuse of prizes and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Giveaway cannot take place or if any prize cannot be awarded due to delays, interruptions, acts of God, acts of war, pandemics, epidemics, natural disasters, weather, acts of terrorism, or any other acts outside the control of Sponsor. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. Entrant is solely responsible for entering the Giveaway during the Entry Period, as well as properly claiming a prize within the time allotted as set forth above if selected as a winner.
As used in this paragraph, "Sponsor" shall mean Betty Dain Creations, LLC as well as its affiliates and subsidiaries.
Additional Terms: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Giveaway should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor will select the potential winner from all entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway. Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. ALL APPLICABLE FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE GIVEAWAY PAGE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations and Disclaimers: IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY SITE ASSOCIATED WITH THIS GIVEAWAY, OR FROM DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. As used in this paragraph, "Sponsor" shall mean Betty Dain Creations, LLC as well as its affiliates and subsidiaries.
Venue for Disputes and Choice of Law: Entrants hereby expressly AND IRREVOCABLY waive all rights to trial by jury in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Giveaway. Entrants further hereby expressly agree not to participate in a class action or other class-wide method for dispute resolution for any claims covered by these Official Rules. Entrants agree that any dispute relating to or arising from these Official Rules, the Giveaway, or the prizes detailed herein shall be governed by Florida law without regard to its conflicts of laws rules, and shall be brought EXCLUSIVELY in a court sitting in Miami-Dade County, Florida, and hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. For avoidance of doubt, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and agree not to raise the defense of forum non conveniens.
Winner's List: To obtain a list of winner(s), send a self-addressed, stamped envelope by 8/1/23 to: Betty Dain Creations, LLC, Attn: Colotrak Winners List, 9701 NW 112th Ave, Suite 10, Miami, FL 33178.
Sponsor: Betty Dain Creations, LLC, 9701 NW 112th Ave, Suite 10, Miami, FL 33178.
This Giveaway is not sponsored, administered, or endorsed by Facebook, Instagram, Meta, Twitter, LinkedIn, or any other social media platform.
No purchase necessary. A purchase will not increase odds of winning. Odds depend on number of eligible entries received. Open to legal residents aged 18+ residing in and located in the 50 United States and/or D.C. Entry Period 4/15/23 6:00 AM CT through 4/17/23 11:59 PM CT. Important terms and conditions apply. Read Official Rules before entering, available at https://www.colortrak.com/pages/official-rules - Void where prohibited.